Tag: soft law
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Paolo Sandro: Soft, But for Whom? Law and the Creation of Accountability
*Editors’ note – this post is part of a series on ‘The Rule of Guidance?’. The other posts in the series will be available here. Five years on, and with a potential new pandemic on the horizon (if not already here), researchers from all disciplines have been very busy evaluating how the SARS-CoV-2 pandemic was managed…
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Himani Bhakuni: The Legitimacy of Exclusively Using Soft Law: The Case of Unhealthy Diets
*Editors’ note – this post is part of a series on ‘The Rule of Guidance?’. The other posts in the series will be available here. The distinction between hard and soft law that permeates discussions in international law is often blurry in the realm of domestic administrative law. In international law, soft law is usually understood…
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Jamie Burton: When Is Guidance Unlawful on the Ground of Illegality?
*Editors’ note – this post is part of a series on ‘The Rule of Guidance?’. The other posts in the series will be available here. The seemingly ever-growing expanse of “soft-law”, “policy” or “guidance”, (referred to below as “guidance”) has been cautiously welcomed as aiding the business of government and enhancing good public administration. Unsurprisingly, as…
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Paolo Sandro: The Rule of Guidance? Blog Series Introduction
*Editors’ note – this post is part of a series on ‘The Rule of Guidance?’. The other posts in the series will be available here. Introduction The conference ‘The Rule of Guidance?’, funded by a Michael Beverley Innovation Fellowship, was held in July 2024 at the Bingham Centre for the Rule of Law in London. The…
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Greg Weeks: Can you stop the Revenue from acting on a change of mind?
A recent judgment in an interlocutory hearing in the Federal Court of Australia has raised the fascinating question of what redress might be available against a revenue authority for changing its mind. In Macquarie Bank Limited v Commissioner of Taxation, the applicant sought to restrain the Commissioner of Taxation from acting on his changed view…